Revolutionary War Pension and Bounty Land Warrant Application File S. 29812, James Fuller, Mass.

SERVICE
--
NUMBER
Mass
Fuller, James
S 29812
CONTENTS

21.250
Massachusetts
James Fuller
was in the State of Mass who was a Private in the Conn't commanded by Captain Lord of the Conn't commanded by Col. Pickering in the Mass line for 13 Mts 10 Ds.
Mass
Inscribed on the Roll of Mass at the rate of 21 Dollars 10 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 2 day of March 1834 and to the W. Andrew Pension
Arrears to the 4th of March $102.20 Pensant. allowance ending Sept 1834 25.53 $127.73
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by G. [Signature] Clerk, Book 6 Vol. 2 Page 95

James Fuller 25609
..
Pb

State of Massachusetts.
Essex County ss.
On this fourth day of August 1832 personally appeared in open Court before the Hon Daniel A White Judge of Probate now sitting at Methuen within and for the said County of Essex aforesaid
James Butler aged Seventy three years
Who being duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress, passed June 7th, 1832. That he entered the service of the United States, under the following named officers, and served as herein stated. That is to say that in November 1776 I enlisted in Capt Ebenzer Lord's company of militia in Col Timothy Ricker's regiment as a volunteer and marched to Providence in state of Rhode Island & stayed eleven days from thence to Springfield in the State of Massachusetts & from thence to Ticonderoga in the state of New York on river Hudson & from thence to Dobbs Ferry & to several other places till we passed the river into the state of New Jersey to Boundbrook & then was discharged but I have no written evidence, the officers are dead Thomas Kimball knows the above fact. I resided at Methuen when I enlisted & have resided there ever since I cannot remember the regular officers who were then - I served four months on the above enlistment - In April I enlisted at Methuen in 1777 & marched to the state of Rhode Island to a town called Warren & served two months or more about three months before I returned, Job Fairley is living & knows the fact - and in 1778 in June I enlisted as a volunteer in Capt Robert Dodge's company of militia in Col Nathaniel Wade's Regiment and marched from Methuen to Providence & Newport in Rhode Island & served five months I have no written evidence the officers are dead, but Job Fairley or some other person is living & was in the Regiment. In October 1777 I was a volunteer in Capt David Dyer's company & Major Charles Smith commanded the regiment in the militia to assist in taking General Burgoyne's army & served one month at the taking & returning as a guard of the prisoners to Cambridge in Massachusetts & was discharged the officers are dead, Major Woodberry was in the same company & I have no written evidence - and December 1777 I enlisted in Capt John Dodge's company in Col Genick's Regiment in the militia and marched to Cambridge & was employed as a guard to the British Prisoners at Prospect Hill taken as above. And Major  James Smith was in the company & knows that fact I served four months I have no written evidence the officers are dead Daniel Smith is living & knows the fact - I was born in Methuen & have resided here ever since except while in the army & have a record of my age & am seventy three years of age

He relinquishes every claim, whatever, to a pension or annuity whatever, except the present, and declares that his name is not on the pension roll, of the agency of any State. James Fuller Sworn to and subscribed the day and year aforesaid
D. H. White Judge of Probate.
We David J. Shimball
a Clergyman residing in the town of Marius & Thomas Shimball in the County of Essex & State of Massachusetts hereby certify that we are well acquainted with James Fuller & Moger Woodberry who has subscribed and sworn to the above, and that we believe him to be 73 years of age, that he is reputed and believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid,
before D. H. White { Judge of Probate.
David J. Shimball Thomas Shimball Moger Woodberry
And the said Court thereupon proceeded to propound the following interrogatories, which he answered under oath, as follows:
1. Where and in what year were you born?
Answer, in 1758. in Ipswich
2. Have you any record of your age, and where is it?
Answer, There is a record on the town records.
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live?
Answer I lived at Ipswich aforesaid when I was called into service & have lived here ever since except while in the Army
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom?
Answer, I was Volunteer
5. State the names of some of the regular Officers, who were with the troops, where you served, such Continental, and Militia Regiments, as you can recollect, and the general circumstances of your service?
Answer, I have stated on the other side all I know
6. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution?
Answer, Joby Farley Esquire John Shoulbridge and Mr Shimball Thomas Shimball & Daniel Swift
James Fuller
These answers and the affidavits of Thomas Shimball, Joby Farley, Moger Woodberry and D

Commonwealth of Massachusetts.
Secretary's Office, July 16 th 1833.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of James Fuller is found on Pay Roll of Capt. Robert Dodge's Company, under the Command of Col. Jon n Sackett, Services in Rhode Island from April 25 th 1777. — where he is allowed Two months and Eight days. — — — — — 2-08
James Fuller's name is also on Muster Roll of Capt. Capt. John Dodge's Company in the Regiment of Guards, Commanded by Col. Jacob Gerrish. — where he is allowed from Jan y 3 rd to Feb y 3 rd 1778 — One month. — 1-
James Fuller's name is again found on Muster Roll of Capt. David Lord's Company, Commanded by Major Charles Smith. Raised agreeable to the Resolve of the 23 rd of Sept 1777. — to join Gen l Gates. — and did Duty in the Northern Department and Guarding Lieut. Gen l Burgoyne's Army to Prospect Hill. — where he is allowed One month Ten days — — 1-10
James Fuller claims for Services ins.
Capt

Capt Eben H Lord's Company. Col. Timothy Pickering's Regiment in 1776. Also under Robert Dodge, Col. Nathaniel Wade's Regiment in 1778. - and further under Capt. John Dodge. Col. Gerrish in 1777 - but the Rolls are not found in this Office -
Edward D. Bangs Secy.

He relinquishes every claim, whatever, to a pension or annuity whatever, except the present, and declares that his name is not on the pension roll, of the agency of any State. James Fuller Sworn to and subscribed the day and year aforesaid
D. White Judge of Probate.
We Daniel Kimball
a Clergyman residing in the town of Methuen & Thomas Kimball in the County of Essex & State of Massachusetts hereby certify that we are well acquainted with James Fuller & Mager Woodberry who has subscribed and sworn to the above, and that we believe him to be 73 years of age, that he is reputed and believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid,
before D. White Judge of Probate.
Daniel Kimball Mager Woodberry
And the said Court thereupon proceeded to propound the following interrogatories, which he answered under oath, as follows:
1. Where and in what year were you born?
Answer, in 1758 - in Ipswich
2. Have you any record of your age, and where is it?
Answer, there is a record on the town records.
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live?
Answer I lived at Methuen aforesaid when I was called into service & have lived here ever since except while in the Army
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom?
Answer, I was Volunteer
5. State the names of some of the regular Officers, who were with the troops, where you served, such Continental, and Militia Regiments, as you can recollect, and the general circumstances of your service?
Answer, I have stated on the other side all I know
6. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution?
Answer, Joby Farley Esquire John Shoals Esquire David Mr Kimball Thomas Kimball & Daniel Smith
James Fuller
These answers and the affidavits of Thomas Kimball, Joby Farley, Mager Woodberry and Daniel Smith, on the next page, are subscribed and sworn to, the day and year aforesaid. And they are credible witnesses. D. White Judge of Probate.
I Thomas Kimball do swear that I was with James Fuller & know he served in Col Puhening regiment four months & was wounded at the Battle of Bunker Hill Joby Farley do swear that I was with James Fuller in both the Brattle Street Expedition into the state of Rhode Island & know he served in one two months & the other five months Mager Woodberry do swear that I was with James Fuller at the Siege of Red Bank & know he served one month Daniel Smith knows & do swear that James Fuller served four months as Prisoner held in Cambridge & stated by him  Daniel Smith
And the said Court do hereby declare their opinion, that after the investigation of the matter, and putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that it appears to them, that Daniel Kimball who has signed the preceding Certificates is a Clergyman resident in the town of Methuen & Thomas Kimball Joby Farley Mager Woodberry & Daniel Smith are credible persons and that their statement is entitled to credit. D. White Judge of Probate. Nathaniel Lord Jr. Register for the County of Essex
do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of James Fuller for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this Seventh day of August in the year of our Lord one thousand eight hundred and thirty two -
Nath. Lord Jr.
Signed and sealed anew, with requisite amendments, this seventeenth day of July, A.D. 1833.
Nath. Lord Jr.

25609 James Fuller Mass
That 15 Nov 10 days
Proof of service required from E. H. Brings Esq. 29 Nov 1833
50 11
Also Andrew Ipswich Mass

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Fuller Essex Mass
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enl 1776 4 pr Capt Lord Col Pickering 73 { Mass Traditionary Service Certificate   " 1777 " 2 10 " Capt Laws   " 1778 5 " Capt Hodge Col Allade   Vol 1777 " 1 " " Capt Laws M c Smith   " 4 " " Capt Hodge Col Gerrish  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } ss.
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; and for _____ months and _____ days, I served as a _____; and for each service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] If a witness cannot be found, the declarant must state the fact.
[o] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

29812 Rev  INVALID.
File No. 29,812
James Miller Rev Rev War
Act: June 7 th 1899
Index:—Vol. 2 , Page 146
[Arrangement of 1870.]